HomeMy WebLinkAbout480 - 17th Street Improvement District - Authorizing Condemnation72;',
RESOLUTION NO. 480
A RESOLUTION OF THF. CITY COUNCIL OF THE CTTY OF COSTA MESA, CALIFORNIA,
FINDING, DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND NECES-
SITY REWIRE THE ACQUISITION OF A CERTAIN STREET EASEMENT AND RIGHT OF WAY
FOR PUBLIC STREET PURPOSES, AND AUTHORIZING ACQUTSTTTON OF SAID RIGHT OF
WAY AND EASEMENT BY CONDENSATION, AND DIRECTING THE CITY ATTORNEY TO PRO-
CEED WITH SUCH ACTION.
WHEREAS, the City of Costa Mesa is about to grade, pave, construct curbs and
gutters, concrete cross gutters, sanitary sewers, house connection sewers, manholes,
water house connections, installation of water mains and replacement of existing
water mains, install certain pipe, structures and appurtenances for drainage purposes,
and otherwise i -prove East 17th Street and certain other streets and alleys in said
City, as the same is defined and described in Resolution of Intention No. 441 of
said city, adopted on the 17th day of February, 1958; and
WHEREAS, detailed plans and specifications for said work have been approved
by said City and are on file in the Office of the City Clerk, and the City Engineer
has reported and recommended that a certain easement and right of way for public street
purposes in certain lands, in addition to the public streets already owned by the City,
is needed for the completion of said work in accordance with said Plans and Specificat-
f`
ions, which said
additional
easement
and right
of
way
is hereinafter
more particularly
City, as described
described and
WHEREAS, it is in the public interest and necessity to acquire the said ease -
=rent and right of way for public street purposes;
NOW, THEREFORE, the Cite Council of the City of Costa Mesa does hereby find,
determine, order, declare and resolve as follows:
SECTTON 1. That the public interest and necessity require the acquisition,
construction and completion by the City of a public improvement, viz; the grading,
paving, construction of curbs and gutters, concrete cross gutters, sanitary sewers,
house connection sewers, manholes, water house connections, installation of water mains
and replacement of existing water mains, installation of certain pipe, structures and
appurtenances for drainage purposes, relocation of fire hydrants, removal of certain
and defined in Resolution of Intention No. 441.
SECTTON 2. That the public interest and necessity require the acquisition for
and in connection with said p. -.blit improvement of the street easement and right of way
for public street purposes in real property, and as hereinafter in this Resolution
more narti.cularly described.
obstructions
together with appurtenances and appurtenant
work in
connection therewith,
in East 17th
Street and certain other streets and alleys
in said
City, as described
and defined in Resolution of Intention No. 441.
SECTTON 2. That the public interest and necessity require the acquisition for
and in connection with said p. -.blit improvement of the street easement and right of way
for public street purposes in real property, and as hereinafter in this Resolution
more narti.cularly described.
730
SECTTON 3. That said proposed public improvement is planned and located in
a manner which will be most compatible with the greatest public good and the least
private injury.
SECTION p. That said City proceed, and it is hereby authorized, directed,
and empowered, and Donald Dungan, the City Attorney of said City, is hereby author-
ized, directed and empowered as follows:
(a) To acquire in the name of the City of Costa Mesa the real property,
interest in real property, and the easement and right of way in real property herein-
after expressly described, in and to the said hereinafter described real property,
or interests in real property, by condemnation, in accordance with the provisions of
the Streets and Highways Code, the Government Code, the Code of Civil Procedure, and
the Constitution of the State of California relating to Eminent Domain.
(b) To prepare and prosecute, in the name of the Citv of Costa Mesa, such
proceeding or proceedings in the pr -per Court having jurisdiction thereof, as is
necessary for such acquisition.
(c) To make application to said Court for an Order fixing the amount of
such security in the way of money deposit, as said Court may direct, and for an Order
permitting said City to take immediate possession and use of said real property, in-
terests, easement and right of way in real property, as a right of way for public
street purposes.
(d) To make deposit of such security out of proper funds of said City, in
such amount so fixed and determined, and in such manner as said Court in which said
condemnation proceedings are pending may direct.
SECTION 5. The real property, or interests in real property, or existing
improvements, wh'ch the City Attorney of the City of Costa Mesa is authorized and
directed to acquire in the name of the City, is hereinafter described:
"as to all of the following described real property, or interest in real
property or existing improvements, the interest to be acquired as to each parcel
shall be a perpetual easement and right of way for street purposes."
Said real property, or interests in real property, or existing improvements,
to be so acquired by condemnation as the easement and right of way for public street
purposes, and each parcel thereof, are situated in the City of Costa Mesa, County
of Orange, State of California, and are mese particularly described as follows:
"An easement alone the Northeasterly 5 feet of Lot 85
of Newport Heights, City of Costa Mesa, County of
Orange, State of California, as shown on a map thereof
recorded in Book L, page 83, Miscellaneous Maps, Records
of said Orange County; and also that portion of the
Southeasterly 20 feet of Santa Ana Avenue adjoining
said property on the Northwest, vacated and abandoned
by order of the Board of Supervisors of the County
of Orange."
SECTION 6. That the City Clerk shall verify the adoption of this
Resolution.
ADr'FTF.D, STONED AND APPROVED this 26th day of May, 1058,
),WRA 2�iii� /�
ATTEST:
City Clerk o` the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF OPANGE ) SS.
CT_TY OF COSTA MESA )
I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby
certify that at an adjourned regular meeting of the City Council, City of Costa
Mesa, California, held on the 26th day of May, 1058, the foregoing Resolution No.
L80 was considered and that said Resolution was then passed and adopted as a whole
by the following roll call vote, to -wit:
AYES: Councilmen B. Smith, Meyers, S. Smith
NOES: Councilren - None
ABSENT: Councilmen Rea, Pinkley
IN WITNESS WIEPEOF, T have hereunto set my hand and seal this 27th
day of May, 1958.
tel! 6. �—wea�Y
City Clerk and ex-offi Ierk of the
City Council of the City of Costa Mesa
By Z�
Chief Deputy
1,
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